Benotch v. Teva Pharmaceuticals USA Inc et al
Plaintiff: Leah Benotch
Defendant: TEVA BRANDED PHARMACEUTICAL PRODUCTS R&D, INC., Teva Pharmaceuticals USA Inc, Teva Women's Health LLC, The Cooper Companies Inc, Cooper Surgical Inc and Teva Women's Health Inc
Case Number: 1:2021cv00135
Filed: January 11, 2021
Court: US District Court for the Northern District of Georgia
Presiding Judge: Leigh Martin May
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 18, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 18, 2021 Opinion or Order Filing 44 ORDER in case 1:20-md-02974-LMM granting #39 Motion to Appoint Lead Counsel. Frederick M. Erny and Gina M. Saelinger Appointed as lead counsel for defendants. See document for further specifics. Signed by Judge Leigh Martin May on 2/18/2021. Associated Cases: 1:20-md-02974-LMM et al.(tmf)
February 18, 2021 Opinion or Order Filing 43 ORDER in case 1:20-md-02974-LMM granting #38 Motion to Appoint Lead Counsel. Erin K Copeland and Timothy Clark Appointed as lead counsel for plaintiffs. See document for further specifics. Signed by Judge Leigh Martin May on 2/18/2021. Associated Cases: 1:20-md-02974-LMM et al.(tmf)
February 10, 2021 Filing 42 Clerk's Certificate of Mailing re #34 ORDER INITIAL CONFERENCE (as to attached list). Associated Cases: 1:20-md-02974-LMM et al.(tmf)
February 10, 2021 Opinion or Order Filing 41 ORDER INITIAL CONFERENCE: The Court held its Initial Conference in this MDL on February 9, 2021. The below are the orders entered after discussion of these issues at that conference. 1. Leadership structure: After the Court discussed issues concerning the leadership structure with all parties, the Court ORDERED Plaintiffs and Defendants to each file their proposed consent motion and order as to their requested leadership structure and team within 7 days of the date of this order. 2. Future status conferences: The Court will hold status conferences once a month. The next six conferences will take place on the following dates at 10:00 am via zoom: Tuesday, March 9, 2021; Monday, April 12, 2021; Wednesday, May 12, 2021; Monday, June 14, 2021; Tuesday, July 13, 2021; Friday, August 20, 2021. The Court will send out the zoom links prior to the conferences. The parties will submit a proposed consent agenda 3 business days prior to the conference. The parties will also confer as to the format for presenting issues that require additional explanation. When these are necessary, they should also be filed 3 business days before the conference. 3. Stay of responsive pleading obligations: The Court continues the stay of responsive pleading obligations provided for in Section 6(b) of the Court's initial order. 4. Pending motions: The Court DENIES WITHOUT PREJUDICE all pending motions in the individual cases comprising the MDL. These cases are also ADMINISTRATIVELY CLOSED. These terminated motions will later be refiled in accordance with an upcoming Case Management Order. 5. Docketing: All parties are to docket future filings only in the MDL case. The case caption should indicate whether any filing applies to all cases or list the individual cases to which it should apply. 6. Electronic service: The Court ORDERS all attorneys participating in the MDL proceeding to register with the Court's CM/ECF system. Because all attorneys will then receive electronic copies of documents filed in the MDL, the Court ORDERS that electronic service of documents via the Court's CM/ECF system satisfies the obligation of service. Hereafter, unless otherwise ordered, neither the clerk's office nor counsel for the parties shall be obligated to provide service copies of any filings or related orders by U.S. Mail or any other means to attorneys who have not registered with the Court's CM/ECF system. An attorney who is not participating in the MDL and does not want to receive CM/ECF notifications may file a motion to withdraw or a certificate of consent to withdraw in accordance with Local Rule 83.1(E). 7. Initial disclosures: The Court GRANTS the parties' joint request for the Court to excuse the parties from Rule 26(f) initial disclosures; except as to the ParaGard New Drug Application (NDA) that was transferred on or about November 10, 2005, to Duramed Pharmaceuticals, Inc., and produced by TWH, Inc., to plaintiff in the Estrada case. 8. Case management and initial orders: The parties are ORDERED to confer as to proposed orders for the list found herein. See order for further specifics and instructions. Signed by Judge Leigh Martin May on 2/10/2021. Associated Cases: 1:20-md-02974-LMM et al.(tmf)
February 10, 2021 Civil Case Terminated. (ddm)
February 8, 2021 Filing 40 AGENDA INITIAL CONFERENCE: Herein is the Court's agenda for the February 9, 2021, meeting. The format of the meeting will be collaborative and additional items may be discussed as needed. Zoom Meeting Link for Initial Conference: https://ganduscourts.zoomgov.com/j/1606612652 Meeting ID: 160 661 2652; Passcode: 123456; Dial by your location: +1 669 254 5252 US (San Jose); +1 646 828 7666 US (New York); +1 551 285 1373 US; +1 669 216 1590 US (San Jose). Signed by Judge Leigh Martin May on 2/8/2021. Associated Cases: 1:20-md-02974-LMM et al.(tmf)
January 22, 2021 Filing 39 NOTICE of Appearance by Patrick Luff on behalf of Leah Benotch (Luff, Patrick)
January 12, 2021 Opinion or Order Filing 37 ORDER denying as moot #19 Motion to Stay. Entered by Judge Leigh Martin May on 01/12/21. (LMM)
January 11, 2021 Opinion or Order Filing 36 NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (aar)
January 11, 2021 Filing 35 Case transferred in from District of Wisconsin Eastern; Case Number 2:20-cv-01296. Original file certified copy of transfer order and docket sheet received.
January 11, 2021 Submission of #25 MOTION to Dismiss , #19 MOTION to Stay Proceedings Pending a Decision by the Judicial Panel on Multidistrict Litigation, #27 MOTION to Dismiss , to District Judge Leigh Martin May. (aar)
January 11, 2021 Clerk's Certificate of Mailing as to Cooper Surgical Inc, TEVA BRANDED PHARMACEUTICAL PRODUCTS R&D, INC., Teva Pharmaceuticals USA Inc, Teva Women's Health Inc, Teva Women's Health LLC, The Cooper Companies Inc re #36 Order. (aar)
January 7, 2021 Opinion or Order Filing 38 PRACTICE AND PROCEDURE ORDER AND NOTICE OF INITIAL CONFERENCE: The Court will hold the initial case management conference via videoconference on February 9, 2021, at 10:00 a.m. (instructions found herein). Counsel will submit to the Court by January 25, 2021, a brief consolidated written statement indicating their preliminary understanding of the facts involved in the litigation and the critical factual and legal issues. Counsel will submit to the Court by January 25, 2021, a list of all companies affiliated with the parties and all counsel associated in the litigation. After the initial conference, all attorneys participating in these cases will be required to be registered with the Court's CM/ECF system. See order for further specifics and instructions. Signed by Judge Leigh Martin May on 1/7/2021. (tmf)
December 17, 2020 Filing 34 Non-certified TRANSFER ORDER from the Judicial Panel on Multidistrict Litigation; case to be transferred to the Northern District of Georgia upon receipt of certified transfer order from that court (cc: all counsel)(amb) [Transferred from Wisconsin Eastern on 1/11/2021.]
November 20, 2020 Opinion or Order Filing 33 TEXT ONLY ORDER signed by Chief Judge Pepper on 11/20/2020 re #32 Consent Motion to Extend Time to Respond to Defendants' Motion to Dismiss. The court GRANTS the parties' motion for an extension of time. The court ORDERS that the time for the plaintiff to file a response to the defendants' motion to dismiss is EXTENDED until 14 days after the court issues a ruling on the plaintiff's motion to stay proceedings pending a decision by the Judicial Panel on Multidistrict Litigation. Note: there is no document associated with this text only order. (cc: all counsel)(cb) [Transferred from Wisconsin Eastern on 1/11/2021.]
November 19, 2020 Filing 32 Consent MOTION for Extension of Time To Respond to Defendants' Motion to Dismiss by Leah Benotch. (Attachments: #1 Text of Proposed Order)(Kassan, Randi) [Transferred from Wisconsin Eastern on 1/11/2021.]
November 13, 2020 Filing 31 REPLY BRIEF in Support filed by Leah Benotch re #19 MOTION to Stay Proceedings Pending a Decision by the Judicial Panel on Multidistrict Litigation . (Attachments: #1 Exhibit A)(Kassan, Randi) [Transferred from Wisconsin Eastern on 1/11/2021.]
November 10, 2020 Filing 30 BRIEF in Opposition filed by Teva Branded Pharmaceutical Products R&D Inc, Teva Pharmaceuticals USA Inc, Teva Women's Health Inc, Teva Women's Health LLC re #19 MOTION to Stay Proceedings Pending a Decision by the Judicial Panel on Multidistrict Litigation . (Attachments: #1 Certificate of Service Certificate of Service)(Hitt, Ellison) [Transferred from Wisconsin Eastern on 1/11/2021.]
November 10, 2020 Filing 29 DISCLOSURE Statement by Cooper Surgical Inc, Teva Branded Pharmaceutical Products R&D Inc, Teva Pharmaceuticals USA Inc, Teva Women's Health Inc, Teva Women's Health LLC, The Cooper Companies Inc. (Attachments: #1 Certificate of Service Certificate of Service)(Hitt, Ellison) [Transferred from Wisconsin Eastern on 1/11/2021.]
November 10, 2020 Filing 28 BRIEF in Support filed by Teva Branded Pharmaceutical Products R&D Inc re #27 MOTION to Dismiss . (Attachments: #1 Certificate of Service Certificate of Service)(Hitt, Ellison) [Transferred from Wisconsin Eastern on 1/11/2021.]
November 10, 2020 Filing 27 MOTION to Dismiss by Teva Branded Pharmaceutical Products R&D Inc. (Hitt, Ellison) [Transferred from Wisconsin Eastern on 1/11/2021.]
November 10, 2020 Filing 26 BRIEF in Support filed by Cooper Surgical Inc, The Cooper Companies Inc re #25 MOTION to Dismiss . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service Certificate of Service)(Hitt, Ellison) Modified on 11/12/2020 (amb). [Transferred from Wisconsin Eastern on 1/11/2021.]
November 10, 2020 Filing 25 MOTION to Dismiss by Cooper Surgical Inc, The Cooper Companies Inc. (Hitt, Ellison) [Transferred from Wisconsin Eastern on 1/11/2021.]
November 10, 2020 Filing 24 ANSWER to #1 Complaint, with Jury Demand by Teva Pharmaceuticals USA Inc. (Attachments: #1 Certificate of Service Certificate of Service)(Hitt, Ellison) [Transferred from Wisconsin Eastern on 1/11/2021.]
November 10, 2020 Filing 23 ANSWER to #1 Complaint, with Jury Demand by Teva Women's Health Inc. (Attachments: #1 Certificate of Service Certificate of Service)(Hitt, Ellison) [Transferred from Wisconsin Eastern on 1/11/2021.]
November 10, 2020 Filing 22 ANSWER to #1 Complaint, with Jury Demand by Teva Women's Health LLC. (Attachments: #1 Certificate of Service Certificate of Service)(Hitt, Ellison) [Transferred from Wisconsin Eastern on 1/11/2021.]
November 5, 2020 Opinion or Order Filing 21 TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 11/5/2020 re #20 Stipulation for Extension of time for Defendants to Respond to Plaintiff's Complaint and for Plaintiff to Respond to any Fed. R. Civ. P. 12(B) Motion to Dismiss. The court APPROVES the parties stipulation for an extension of time. The court ORDERS that the time for the defendants to file an answer or other responsive pleading to the complaint is EXTENDED until the end of the day on November 11, 2020. The court further ORDERS that if the defendants file a motion to dismiss rather than an answer, all briefing is STAYED pending resolution of the plaintiff's motion to stay. The court will enter a briefing schedule, if necessary, following its ruling on the motion. Note: there is no document associated with this text only order. (cc: all counsel)(cb) [Transferred from Wisconsin Eastern on 1/11/2021.]
November 4, 2020 Filing 20 STIPULATION for Extension of Time to Respond to Complaint by Cooper Surgical Inc, Teva Branded Pharmaceutical Products R&D Inc, Teva Pharmaceuticals USA Inc, Teva Women's Health Inc, Teva Women's Health LLC, The Cooper Companies Inc. (Hitt, Ellison) [Transferred from Wisconsin Eastern on 1/11/2021.]
November 3, 2020 Filing 19 MOTION to Stay Proceedings Pending a Decision by the Judicial Panel on Multidistrict Litigation by Leah Benotch. (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit B)(Kassan, Randi) [Transferred from Wisconsin Eastern on 1/11/2021.]
October 14, 2020 Opinion or Order Filing 18 TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 10/14/2020 re #16 Stipulation for Extension of Time for Defendants to Respond to Plaintiff's Complaint. The court APPROVES the parties' stipulation for an extension of time. The court ORDERS that the time for the defendants to file an answer or other responsive pleading to the plaintiff's complaint is EXTENDED until the end of the day on November 4, 2020. Note: there is no document associated with this text only order. (cc: all counsel)(cb) [Transferred from Wisconsin Eastern on 1/11/2021.]
October 14, 2020 NOTICE from the clerk to all parties requesting that the Consent/Refusal form to Magistrate Judge William E. Duffin be filed within 21 days; the form is available at the court's web site: www.wied.uscourts.gov (amb) [Transferred from Wisconsin Eastern on 1/11/2021.]
October 13, 2020 Filing 17 NOTICE of Appearance by Ellison F Hitt on behalf of All Defendants. Attorney(s) appearing: Ellison F. Hitt (Hitt, Ellison) [Transferred from Wisconsin Eastern on 1/11/2021.]
October 13, 2020 Filing 16 STIPULATION (Joint) for Extension of Time for Defendants to Respond to Complaint by All Defendants. (Sullivan, W) [Transferred from Wisconsin Eastern on 1/11/2021.]
October 13, 2020 Filing 15 NOTICE of Appearance by W Patrick Sullivan on behalf of All Defendants. Attorney(s) appearing: W. Patrick Sullivan (Sullivan, W) [Transferred from Wisconsin Eastern on 1/11/2021.]
September 30, 2020 Filing 14 SUMMONS Returned Executed by Leah Benotch. Teva Women's Health LLC served on 9/23/2020. (Kassan, Randi) [Transferred from Wisconsin Eastern on 1/11/2021.]
September 30, 2020 Filing 13 SUMMONS Returned Executed by Leah Benotch. Teva Women's Health Inc served on 9/23/2020. (Kassan, Randi) [Transferred from Wisconsin Eastern on 1/11/2021.]
September 30, 2020 Filing 12 SUMMONS Returned Executed by Leah Benotch. Teva Pharmaceuticals USA Inc served on 9/23/2020. (Kassan, Randi) [Transferred from Wisconsin Eastern on 1/11/2021.]
September 30, 2020 Filing 11 SUMMONS Returned Executed by Leah Benotch. Teva Branded Pharmaceutical Products R&D Inc served on 9/23/2020. (Kassan, Randi) [Transferred from Wisconsin Eastern on 1/11/2021.]
September 30, 2020 Filing 10 SUMMONS Returned Executed by Leah Benotch. Cooper Surgical Inc served on 9/23/2020. (Kassan, Randi) [Transferred from Wisconsin Eastern on 1/11/2021.]
September 30, 2020 Filing 9 SUMMONS Returned Executed by Leah Benotch. The Cooper Companies Inc served on 9/23/2020. (Kassan, Randi) [Transferred from Wisconsin Eastern on 1/11/2021.]
August 24, 2020 Summons Issued as to All Defendants (vkb) [Transferred from Wisconsin Eastern on 1/11/2021.]
August 24, 2020 Case Opening Modification(s); The following modification(s) have been made to your case entry: One or more party names have been modified - please remember to follow the Party Name Guidelines found on our website. Do not add addresses for any party and do not add punctuation to party names. Also, The attached summons was not prepared using the version found on our website. In the future, please use the fillable form found on our website. Please refer to the # attorney case opening instructions, the # summons instructions and the # party name guidelines found in the user manual for further guidance. (vkb) [Transferred from Wisconsin Eastern on 1/11/2021.]
August 24, 2020 NOTICE Regarding assignment of this matter to Chief Judge Pamela Pepper ;Consent/refusal forms for Magistrate Judge Duffin to be filed within 21 days;the consent/refusal form is available on our website ;pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (ds) [Transferred from Wisconsin Eastern on 1/11/2021.]
August 21, 2020 Filing 8 REQUEST for Issuance of Summons by Leah Benotch TEVA WOMEN'S HEALTH, LLC (Kassan, Randi) [Transferred from Wisconsin Eastern on 1/11/2021.]
August 21, 2020 Filing 7 REQUEST for Issuance of Summons by Leah Benotch TEVA WOMENS HEALTH, INC. (Kassan, Randi) [Transferred from Wisconsin Eastern on 1/11/2021.]
August 21, 2020 Filing 6 REQUEST for Issuance of Summons by Leah Benotch TEVA PHARMACEUTICALS, USA, INC. (Kassan, Randi) [Transferred from Wisconsin Eastern on 1/11/2021.]
August 21, 2020 Filing 5 REQUEST for Issuance of Summons by Leah Benotch COOPERSURGICAL, INC. (Kassan, Randi) [Transferred from Wisconsin Eastern on 1/11/2021.]
August 21, 2020 Filing 4 REQUEST for Issuance of Summons by Leah Benotch THE COOPER COMPANIES, INC. (Kassan, Randi) [Transferred from Wisconsin Eastern on 1/11/2021.]
August 21, 2020 Filing 3 REQUEST for Issuance of Summons by Leah Benotch TEVA BRANDED PHARMACEUTICAL PRODUCTS R&D, INC. (Kassan, Randi) [Transferred from Wisconsin Eastern on 1/11/2021.]
August 21, 2020 Filing 2 ATTACHMENTS Civil Cover Sheet by Leah Benotch re #1 Complaint,. (Kassan, Randi) [Transferred from Wisconsin Eastern on 1/11/2021.]
August 21, 2020 Filing 1 COMPLAINT with Jury Demand; against CooperSurgical, Inc., Teva Branded Pharmaceutical Products R&D, Inc., Teva Pharmaceuticals, USA, Inc., Teva Women's Health, Inc., Teva Women's Health, LLC, The Cooper Companies, Inc. by Leah Benotch. ( Filing Fee PAID $400 receipt number AWIEDC-3547653)(Kassan, Randi) [Transferred from Wisconsin Eastern on 1/11/2021.]

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Search for this case: Benotch v. Teva Pharmaceuticals USA Inc et al
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Defendant: TEVA BRANDED PHARMACEUTICAL PRODUCTS R&D, INC.
Represented By: Ellison F. Hitt
Represented By: W. Patrick Sullivan
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Defendant: Teva Pharmaceuticals USA Inc
Represented By: Ellison F. Hitt
Represented By: W. Patrick Sullivan
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Defendant: Teva Women's Health LLC
Represented By: Ellison F. Hitt
Represented By: W. Patrick Sullivan
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Defendant: The Cooper Companies Inc
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Defendant: Cooper Surgical Inc
Represented By: Ellison F. Hitt
Represented By: W. Patrick Sullivan
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Defendant: Teva Women's Health Inc
Represented By: Ellison F. Hitt
Represented By: W. Patrick Sullivan
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Plaintiff: Leah Benotch
Represented By: Randi Kassan
Represented By: Patrick Luff
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